Read State of Texas v. Fidelity & Deposit Co. of Maryland, 04-0180

In a suit brought by the Texas Department of Transportation claiming that respondent-insurer had failed to perform under its performance bond covering the construction of a research and technology center, denial of agency's plea to the jurisdiction and summary judgment for insurer on the issue of agency's waiver of sovereign immunity is vacated where: 1) although agency had no immunity against counterclaims sufficiently related to the state's bond-enforcement claim, it retained immunity to the extent insurer's damages exceeded amounts offsetting agency's monetary recovery; and 2) as the Transportation Code's administrative remedies do not cover the construction contract at issue, the trial court has subject-matter jurisdiction.

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Don Wayne Cruse Jr., Assistant Solicitor General, Susan Desmarais Bonnen, Rodney D. Parrott, Kent C. Sullivan, First Assistant Attorney General, David William Nance, Austin, for Petitioner.


• For Appellees:
  
• James K. Peden III, Toni Scott Reed, Strasburger & Price, L.L.P., Dallas, George C. Baldwin, Ford Nassen & Baldwin, P.C., Austin, for Respondent.